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HomeMy WebLinkAbout07-3543R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff V. No. 2007 - .35413 CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE NOTICE e;.jL"? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: J?f 1507 By: Katherine A. Procopio, Esquire 141 East Main Street Mechanicsburg, PA (717) 645-0178 Attorney I.D. No. 94756 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff V. LAUREL A. BUONORA, Defendant No. 2007 - 3 513 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Robert G. Buonora who currently resides at 14 South 24`h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Laurel A. Buonora who currently resides at 14 South 24`x' Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 31, 1996 at Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior action of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court requires the parties to participate in counseling. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: I A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The parties have been separated since on or about July 2006. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, Date: jwx [9, ?W7 By: Katherine A. Procopio, Esquire 141 East Main Street Mechanicsburg, PA (717) 645-0178 Attorney ID No. 94756 Attorney for the Plaintiff VERIFICATION I, Robert G. Buonora, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: JUAt `? ),Of) X?k?? Ro ert G. Buonora, Plaintiff lJ C/I -is CAJ Qw V 0 ?J ?,--N n Q c.a 0 -n -rt ?l I Katherine A. Procopio, Esquire 141 East Main Street Mechanicsburg, PA 17055 (717) 645-0178 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CUmb?t+ ROBERT G. BUONORA, Plaintiff No. 2007-3543 (Civil Term) V. CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant (In Divorce) AFFIDAVIT OF SERVICE Katherine A. Procopio, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 19"' day of June, 2007, she did serve upon Laurel A. Buonora, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending her, by Certified Mail, Restricted Delivery, to 14 South 24"' Street, Camp Hill, PA 17011. The receipt for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without her. Sworn to and subscribed before me this 13th day of July, 2007. By KYheri4fe`A. Prrocopio, Esquire Supreme Court ID # 94756 141 East Main Street Mechanicsburg, PA 17055 (717) 645-0178 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: +? Sgdm 2??' Sfirce} ?p Neu P? LawIUVii A. B., Received by (l dlPd Name) ! C. Is delivery dddress different from Item 1? H. MAW, Edd- low: Agent 3. Service lype K CeRifled Mail 0 Express Mall WReglstered 0 Return Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery/1 Pft Fee) tomes 2. Article Number 7006 0100 0000 9330 7460 Mansfer from servIce law Ps Form 3811, February 2004 DonwNfc Return PAO"A 1025e5-02-*1; ?? _ j' :_?, , Q -n ? r.?_ ?- _?,; ? usr?. rte"' O { _ G. _, ?n ? ?? r ROBERT G. BUONORA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3543 (Civil Term) LAUREL A. BUONORA, ; Defendant : CIVIL ACTION - LAW IN DIVORCE INVENTORY OF ROBERT G. BUONORA Plaintiff, Robert G. Buonora, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff, Robert G. Buonora, verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: O- X1- 01 MPlaintiff ?`_ ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. X ) 1. X ) 2. X ) 3. 4. X ) 5. X ) 6. 7. 8. 9. ( ( ( ( ( ( ( ( 10. ( X } 11. ( ) 12. ( ) 13. ( ) 14. ( X **) 15. ( ) 16. ( ) 17. ( ) 18. ( X ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( X ) 24. ( X ) 25. ( ) 26. Other Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) * * Husband is the sole owner of Blackwatch Consulting, LLC r . MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Property All Owners 1. Marital Property -14 South 24 H Street, Camp Hill, PA 2. 17'h & State Street, Camp Hill, H & W, '/ each PA Keith and Kelly Orendorf '/ each 3 Personally H & W Motor Vehicles 2005 Jeep Wrangler H 4. 2000 Jaguar W 2001 Harley Davidson H Motorcycle 5. Retirement Account H 5. Retirement Account W 6. Roth IRA H 7. IRA H NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion NIA PROPERTY TRANSFERRED Item Description Number of Property Date of Consider- Person to Whom Transfer ation Transferred N/A LIABILITIES Description Names of Names of of Property All Creditors All Debtors Mortgage on Marital PA Central Federal H Residence Credit Union Auto Loans State Farm H Credit Cards MBNA H Care Credit H a p ial, N ROBERT G. BUONORA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA d7- 3sw v. : NO.95-5009 (Civil Term) LAUREL A. BUONORA, : CIVIL ACTION - LAW Defendant JN DIVORCE CERTIFICATE OF SERVICE I, Katherine A. Procopio, Esquire, hereby certify that on 01 2007,1 served a copy of the within Inventory of ROBERT G. BUONORA, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Mrs. Laurel A. Buonora 2810 Yale Avenue Camp Hill, PA 17011 /j W - atherine A. Procopio Esquire 141 East Main Street Mechanicsburg, PA 17055 717-645-0178 Aftomev T.D. Nom. 9475E n rn_ - r (f3 a , a co V •• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff No. 2007 - 3543 Civil Term V. CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on June 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: AG. Buonora, Plaintiff Abe C-S N cT ` ? f?Ay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff No. 2007 - 3543 Civil Term V. CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) AND & 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ®1 - 2 4 u'7 0Bu0eonora, Plaintiff r-a T F?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff No. 2007 - 3543 Civil Term V. CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on June 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ;? ?r Laurel A. Buonora, Defendant ? ? c? C "`' - ? _ _?;,: ? ;?.:? t ,. ? . ...:+ {? r . ? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff V. LAUREL A. BUONORA, Defendant No. 2007 - 3543 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) AND & 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. i Date: / /? fz r' -7 urel A. Buonora, Defendant r .a ...? . ?? a _; s ; ? r _ f`? _ ?. s? 1 ? yi F .?- ,.ji ?.? ? ..? ?? "^y ?? ` / i , . ? -? ? ? f ? ? "ls - ??? , ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff No. 2007-3543 (Civil Term) V. CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this :?2a day of Q ;tob y , 2007, by and between ROBERT G. BUONORA whose permanent residence is located at 14 South 24th Street, Camp Hill, PA 17011, hereinafter referred to as Husband, and LAUREL A. BUONORA whose current address is 2810 Yale Avenue, Camp Hill, PA 17011, hereinafter referred to as Wife. WITNESSETH WHEREAS, Husband and Wife were lawfully married on August 31, 1996 at Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separated and apart since on or about July 2006; and WHEREAS, Husband filed a Complaint for Divorce on June 18, 2007 in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 2007-3543. WHEREAS, Certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. ADVICE OF COUNSEL: The parties acknowledge that each has had the opportunity to consult with an attorney of the party's choice. Husband is represented by Katherine A. Procopio, Esquire. Wife has voluntarily chosen not to be represented by counsel. To the extent Wife has chosen not to be represented by counsel, Wife has knowingly and voluntarily, without persuasion, influence, or coercion by Husband, waived the right to do so with respect to the advisability of entering into this agreement, and elects to enter into the agreement and be legally bound by its terms. It is further acknowledged by the unrepresented party that she has not relied on any representations made by counsel for Husband. 2. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 3. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any 2 way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 4. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information to the Husband by the Wife and an Inventory of the Husband being served upon the Wife and this Agreement between the parties is based upon this disclosure. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1990. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 3 executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. MOTOR VEHICLES: The Parties acknowledge that they individually hold titles to the vehicles in their individual possession. Husband hereby relinquishes any right, title or interest he may have in and to the vehicle(s) currently in Wife's possession. Wife shall acquire and maintain separate insurance on the vehicle(s) currently in her possession, and shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicle(s) currently in her possession. Wife hereby relinquishes any right, title or interest she may have in and to the vehicle(s) currently in Husband's possession. Husband shall acquire and maintain separate insurance on the vehicle(s) currently in his possession, and shall hold harmless and indemnify Wife from any 4 loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicle(s) currently in his possession. 10. REAL PROPERTY: The parties acknowledge that Wife has purchased property, located at 2810 Yale Avenue, Camp Hill, PA 17011, Cumberland County, after the Divorce Complaint was filed on June 18, 2007. (herein after "Post-Separation Property"). Husband is sole owner of the real estate located at 14 South 20 Street, Camp Hill, PA 17011, Cumberland County. Except as otherwise provided, the parties agree to hereby waive any and all interest they may have in and to the other party's Post-Separation Property as well as any interest they may have in and to the property located at 14 South 24th Street, Camp Hill, PA 17011. If at any time it would become necessary for parties to do so, the parties agree to immediately execute a Quit Claim Deed conveying any interest the party may have as a result of the marital relationship in and to the other party's Post-Separation Property. The parties are joint owners, together with two other individuals of a property located at 17th Street and State Street in Camp Hill, PA 17011, Cumberland County. The parties both agree and acknowledge that their current equity and ownership status in the real property located at 17`h Street and State Street in Camp Hill, PA 17011, Cumberland County shall remain the same, and that they waive any and all rights to any marital interest in and to said property. 11. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 5 12. DEBTS: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the execution of this Agreement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of the filing of the Divorce Complain on June 18, 2007, the party owing said debt will shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of the Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 13. LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneously with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. 14. HEALTH INSURANCE: Each party shall bear responsibility for obtaining and maintaining his or her own health insurance coverage and for his or her own unreimbursed medical expenses. 15. WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or 6 she may have, one against the other, for alimony, spousal support or alimony pendente lite. 16. WAIVERS OF PENSION INTERESTS: The parties recognize that Husband has several retirement accounts, including an IRA and a Roth IRA . Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid retirement accounts. Immediately upon presentation thereof, Wife agrees to execute any and all documents necessary to effectuate a complete and total waiver of her rights in and to Husband's aforesaid pension plan. The parties recognize that Wife has a retirement account available to her. Husband hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Wife's aforesaid retirement account. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 17. DIVISION OF BANK ACCOUNTS: The parties acknowledge that any and all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 18. INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. 7 19. BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 20. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on June 18, 2007. Both parties shall, at the time of the execution of this Agreement, furnish Husband's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this 8 Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 22. FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other. 23. RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties or 9 otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 24. SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall continue in full force, effect and operation. 25. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 26. BREACH: In the event that either Party breaches any provision of this 10 Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 27. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the Parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 28. AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 29. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 31. HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of II reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 12 IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: Witness Witness AbertYj'. o nora, Plaintiff L urel A. Buonora, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. 3j On this, the day of 000 2007, before me, a notary public, the undersigned officer, personall*apeared Robert G. Buonora, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU's I SS. 1??- 3S --1 \ `?1 On this, the F1 day of SR b2X" , 2007, before me, a notary public, the undersigned officer, personally appeared Laural A. Buonora, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. F OTARIAL SEAL RBARA L TOME Notary PublIC OUGH. C ASERtAND COUW sion Expires Nov d, 2009 Q&?Ck' Notary Public 14 . 4 :"? "r •-Ti rZ) d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT G. BUONORA, Plaintiff No. 2007-3543 (Civil Term) V. : CIVIL ACTION - LAW LAUREL A. BUONORA, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: A true and correct copy of the Divorce Complaint was served on Defendant, Laurel A. Buonora, by First Class United States Postal Service, Certified Mail, Restricted Delivery on June 19, 2007. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits of Consent on September 26, 2007 by Plaintiff and September 23, 2007 by Defendant. The Defendant's Affidavit and the Plaintiff's Affidavit are being filed contemporaneously herewith. 4. Related claims pending: None. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on September 26, 2007 by Plaintiff and September 23, 2007 by Defendant. The Defendant's Waiver and Plaintiff's Waiver are being filed contemporaneously herewith. rN) r JI Date: October 26, 2007 By: Katherine A. P ocopio, Esq. 141 East Main Street Mechanicsburg, Pennsylvania 17055 (717) 645-0178 PA Supreme Court ID: 94756 Attorney for the Plaintiff - - ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT G. BUONORA, Plaintiff VERSUS LAUREL A. BUONORA, Defendant No. 2007-3543 (CIVIL TERM) DECREE IN DIVORCE AND NOW, 7-0 IT IS ORDERED AND DECREED THAT Robert G. Buonora , PLAINTIFF, AND Laurel A. Buonora ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; f The Parties' Marital Settlement Agreement dated October 3, 2007, is herein incorporated ca - lC -?/ 'lQ. /c- o!